Employees surveillance and monitoring and right to privacy within the context of new technologies

Abstract

This paper analyzes the compatibility of control of work developed using computerized or communication means owned by the company, with the right to privacy in its various manifestations, as interpreted by the recent constitutional and judicial doctrine, as well as the European Court of Human Rights. From the same perspective, this work deals with the limits on technological surveillance with regard to job performance and, even, activity outside work.
The study also raises the relevance of the information obtained through these technologies as evidence in labor proceedings, in order to support disciplinary measures.